DMCA and Copyright Policy

1. Scope

This DMCA and Copyright Policy explains how AI Smartual Learning Sdn Bhd ("VLearned", "we") handles copyright, and how to report material published through the VLearned platform that infringes your rights.

Most material on the platform is created and published by users and organisations, not by VLearned. A publisher, an instructor, a tutor or an organisation is responsible for the material it publishes, including the material it publishes in a marketplace listing. VLearned provides the hosting, publishing and distribution tools; it does not pre-approve the content, and it does not warrant that user content is lawful.

This policy is part of the Terms and Conditions. Where an organisation publishes material in its own environment, that organisation is responsible for responding to complaints about its own content first, and VLearned will assist it.

2. Ownership of content and the licence we need

You keep ownership of the content you own. Uploading content to VLearned does not transfer ownership to us.

When you publish content, you grant us and the organisation administering your environment a worldwide, non-exclusive, royalty-free licence to host, store, copy, back up, reproduce, format, display, transmit and make that content available to the people entitled to see it, for as long as and to the extent needed to operate, secure, support and deliver the features you or your organisation use. That licence is what allows the platform to store your course, deliver it to an enrolled learner, show it in a marketplace listing, and back it up. It does not transfer ownership, does not allow us to use your content for unrelated purposes, and is described in full in the Terms and Conditions.

Where you sell content through the marketplace, the sale is between you and the buyer, and the amount you receive is the sale price less the platform fee that applies to that sale. VLearned does not take ownership of the sold content and does not acquire any right to resell it on your behalf.

3. Reporting infringement

If you own the copyright in material that is published through the platform without your permission, or if you are authorised to act for the rights holder, send us a written notice. We need every item below in order to act, because a notice that does not contain all of them may delay the review or prevent us from acting on it.

1. Identify the work. A description of the copyrighted work that you claim has been infringed, and, if more than one work is covered by a single notice, a representative list of those works.
2. Identify the infringing material. A description of the material that you claim infringes the work, and information reasonably sufficient for us to locate it — the full URL of the page or resource, the content ID, and the title of the course, product, article or file. A general description of the site is not enough.
3. Give your contact details. Your full name, the name of the organisation you represent if you are not acting for yourself, your postal address, your telephone number, and your email address.
4. Include the required statements. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate, and that you are the copyright owner or are authorised to act on the owner's behalf.
5. Sign the notice. Your physical or electronic signature, or the signature of someone authorised to act for the rights holder.
6. Certify under penalty of perjury that the information in the notice is accurate and that you are the rights owner or authorised to act for the owner, where the law applying to the notice requires this certification.

Send the notice to the copyright contact below, with the subject line "Copyright infringement notice". If the notice concerns material published in a particular organisation's environment, tell us which organisation, and we will involve it immediately.

Send only the information the notice actually needs. Please do not include a payment card number, a password, or personal data that is not required to identify the work or the infringing material. We handle notice data as described in the Privacy Policy.

4. What we do when we receive a notice

On receiving a complete notice, we will:

1. acknowledge receipt to the sender;
2. review the notice and, where it is complete and the material is clearly identifiable, remove or disable access to the material, or take other appropriate action, promptly;
3. inform the publisher who uploaded the material, and where they are an organisation, inform that organisation's administrator, and give them the details of the notice as the law allows;
4. give the publisher a reasonable opportunity to submit a counter-notice where the procedure below applies; and
5. take appropriate action against a publisher who repeatedly infringes the rights of others.

Where a notice is incomplete, unclear, or does not concern material hosted on the platform, we will tell the sender what is missing or why we cannot act, and we will not remove the material on the strength of that notice alone.

Removing material does not affect the rights of the parties. Where material is removed and later restored, we will restore it with the notice that it was the subject of a complaint.

5. Counter-notice

Where the material is hosted in the United States and we are subject to the notice and takedown procedure in 17 U.S.C. § 512, a publisher whose material has been removed may submit a counter-notice to the copyright contact below. The counter-notice must include all of the following:

1. the physical or electronic signature of the publisher, or of someone authorised to act for the publisher;
2. identification of the material that was removed and the location at which it appeared before removal;
3. a statement under penalty of perjury that the publisher has a good-faith belief the material was removed as a result of mistake or misidentification; and
4. the publisher's name, address and telephone number, and a statement that the publisher consents to the jurisdiction of the federal district court for the judicial district in which the publisher's address is located (or, if the publisher is outside the United States, of any judicial district in which we may be found), and that the publisher will accept service of process from the person who filed the copyright notice.

If we receive a valid counter-notice, we will forward it to the person who sent the original notice. If that person notifies us that they have filed an action seeking a court order to restrain the activity, we may restore the removed material.

Where the material is not hosted in the United States, or where 17 U.S.C. § 512 does not apply to it, this procedure does not apply. In that case, the publisher may respond to the notice directly, and we will consider any response the publisher sends us on its merits before taking further action.

6. Misrepresentation

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and legal fees. Please make sure that a notice or a counter-notice is accurate before you send it, and do not send a notice about material that you do not have a good-faith belief is infringing.

7. Repeat infringement and licence

Where a publisher repeatedly infringes the copyright of others, we will take appropriate action, which may include removing access to the platform or terminating the account. In appropriate cases, we publish a list of organisations and creators who have been warned for repeat infringement. We act on notices from rights holders and on evidence we find ourselves, and we apply the same process to every publisher regardless of size.

8. Other rights

Trade marks, branding and design rights. The VLearned names, logos and visual identity belong to their owners and may not be used in a way that suggests endorsement or partnership. Third-party names and logos remain the property of their respective owners. Where a marketplace listing uses a name or logo that it is not entitled to use, report it using the same procedure and describe the trade mark or brand that is being misused.

Rights that are not copyright. Confidentiality, privacy, data protection and defamation are separate from copyright, and a copyright notice is not the right route for them. A complaint about personal data should go to the address in the Privacy Policy. A complaint about content that is defamatory, threatening or discriminatory should go to the organisation administrator or to us under the Acceptable Use Policy.

Material that is not protected by copyright. Facts, ideas, methods, styles and works that do not meet the conditions for copyright protection are not infringed by being reproduced. We handle notices on the basis of what the notice identifies, and we may ask you to clarify a claim that concerns an idea, a method or a genre rather than a protected expression.

9. Copyright contact details

Copyright notices and counter-notices should be sent to support@vlearned.com with the subject line "Copyright infringement notice" or "Counter-notice" as appropriate. General enquiries about copyright may also be sent to info@aismartuallearning.com. If you send a notice by email and you have a response, please keep it: we will ask for the same details if we need to follow up.

A notice must include a physical address for the service provider. Our notices address is:

• Malaysia: 23-5 Menara Bangkok Bank Berjaya Central Park, Jalan Ampang, 50450 Kuala Lumpur, Malaysia
• Malaysia (Cheras): 12-D, 3rd Floor, Jalan BS9, Taman Bukit Segar, 43200 Cheras, Selangor, Malaysia
• Hong Kong: Unit 1302, 13/F, Witty Commercial Building, 1A-1L Tung Choi Street, Mong Kok, Kowloon, Hong Kong
• Uganda: Plot 31 Ntinda - Kisaasi Road, Ntinda Shopping Complex, Block C, 3rd Floor, Kampala, Uganda

Notices may also be sent by post to the Malaysian office above, marked for the attention of the Copyright team. Please do not send passwords, payment card details or personal data that is not needed to identify the work or the material complained of.